Art. 652. Commitment when the evidence warrants it.

By G. P., one of the associate judges of the city of New Orleans. To the keeper of the prison of the city of New Orleans. "Receive into your custody, J. S. herewith delivered to you, charged, on oath before me, [with the crime of sedition, by enlisting men and furnishing them with arms for the purpose of subverting the constitution of this state by force of arms;] and him safely keep until he shall be legally discharged. Witness my hand, this

Art. 653. When the offence is bailable of right, or the proof in a case not bailable of right is not evident, nor the presumption strong, the defendant must be bailed, if he offer good security; which is done in the following form:

"We, J. S. as principal, and G. P. and I. D. as securities, do acknowledge that we are indebted, in solido, to the state of Louisiana in the sum of to be paid if the said J. S. should not appear at the next [criminal court,] to be held at [the city of New Orleans,] on the day of next, to answer those things that shall be objected to him, and particularly to a charge of [sedition] whereof he is accused, and to abide the orders of such court; but if he should so appear and abide, then this recognizance to be void. Witness our hands, this in the year

day of

Art. 654. The witnesses are also to enter into recognizance in the following form:

“I, A. B., acknowledge that I am indebted to the state of Louisiana in the sum of to be paid if I should not appear at the next [criminal court,] to be held in the city of New Orleans, on the day of next, to give testimony in an accusation against J. S. for sedition, and to abide the order of the court; but if I so appear and abide, this recognizance to be void. Witness my hand, in the year

this

day of

Art. 655. If any witness should refuse to sign such recognizance, he may be committed by the magistrate in the following form:

"By G. P. &c. [as above.] To the keeper, &c. [as above.] "Receive in your custody, A. B. herewith delivered to you, he having refused to enter into recognizance to appear and give testimony [against J. S. on a charge of sedition]; and him safely keep until he shall enter into such recognizance before me, or some other magistrate, or shall be otherwise released by law. Witness," &c.

Art. 656. If any one shall make oath, that another is a material witness on behalf of the prosecution in a case of CRIME, and that there is good reason to believe that he intends to depart the state, or otherwise to avoid attendance on the trial, the magistrate may direct him to find security to be recognized with him for his appearance to testify; and on his refusal, or inability to do so, may commit him by an order in the form of that prescribed by the last article, altering only the cause of commitment according to the circumstances of the case.

Art. 657. Any one committed under the last article, for inability to find security, shall receive out of the recompense fund, on the warrant of the judge, a compensation for the time he is imprisoned, to be calculated according to the rules established for compensation to persons acquitted.

Art. 658. The forms and the provisions of the ten last preceding

articles apply to all prosecutions, (changing the description of the offence where it occurs in any of the said forms).

Art. 659. Form of indictment for sedition.

The beginning and conclusion shall be according to the form prescribed in the chapter of this code, entitled "Of indictments and informations."

The charge in this offence shall be "did [design and attempt to subvert the constitution of this state by force of arms; and did, on the day and year and at the place aforesaid, enlist one hundred men, to the jurors unknown, and furnish them with arms, for the purpose of changing and subverting the constitution by force of arms," &c.] Art. 660. Another charge for the same.

"Did design and attempt, by force of arms, to dismember the state by [forming a government, in defiance of the authority of the state, in that part of the same lying west of the Mississippi river, and for that purpose, on the day and year and at the place aforesaid, collected an assemblage of men armed and arrayed,] with the intent of carrying such design into effect by force of arms, and so the jurors say," &c.

Art. 661. The form of commitment on the accusation for exciting the people to resist the execution of the laws or commit sedition, is the same as that given above for sedition, except the charge, which is

charged on oath, before me, of having published a writing exciting the people of the city of New Orleans to [resist the legal execution of a constitutional law of this state for the levying a tax in the said city]; or, [to dismember the state by force of arms]; or, [to subvert the constitution of the state by force of arms."]

Art. 662. The form of examination, summons, and proceedings against witnesses, and recognizance, are the same, for this offence, and for the offences hereafter mentioned in this chapter, as those before contained in this chapter, changing only the names and description of the offences where they occur.

Art. 663. Form of the charge in the indictment for exciting the people to commit sedition.

The formal parts are the same in all cases.

"That J. S. on the day of in the year at the parish of New Orleans, did excite the people of the city of New Orleans to resist, by force, the legal execution of a constitutional law of this state, entitled, an act for levying a tax on the real property in the city of New Orleans,' by a certain writing printed and published by him, of which the following is a copy, [insert the particulars]; contrary," &c.

Art. 664. When the charge is of a verbal excitement, instead of "by a certain writing," in the indictment insert ["by using these expressions, addressed to a number of inhabitants of the said city assembled to prepare a petition against the said tax, We are fools to think of petitioning. Let us do ourselves justice. Take arms and put any officer to death who will attempt to levy the tax. I will be the first to set the example.' Thereby verbally counselling and exciting the people of the city of New Orleans, a part of the people of the state, to resist the legal execution of the said constitutional law]; contrary," &c. And in the commitment, instead of the words "having published a writing," &c. insert" having used a verbal discourse," &c.

Art. 665. Commitments for offences under the chapter in the Code of Crimes and Punishments, relating to "Exciting Insurrection."

"Charged on oath, before me, with having [aided in an insurrection of the slaves against the free inhabitants of this state], or [having joined a secret assembly of slaves, in which an insurrection of the slaves against the free inhabitants of this state was planned; with design to promote such insurrection]; or, [having persuaded and excited the slaves to attempt an insurrection against the free inhabitants of this state]; or, [having used language calculated to make the slaves discontented with their state, with design to promote such discontent]; contrary," &c.

Art. 666. Charge in the indictment for offences mentioned in the last article.

"Did [aid in an insurrection of slaves against the free inhabitants of this state, by providing the said slaves with arms and ammunition to forward the purposes of the said insurrection]; or, [did join a secret assembly of slaves, held in the parish aforesaid, in which assembly an insurrection of slaves against the free inhabitants of this state was planned, with design to promote the same]; or, [did excite and persuade certain slaves in the said parish, to the jurors unknown, to attempt an insurrection against the free inhabitants of this state]; or, [did use language to certain slaves, to the jurors unknown, calculated to make them discontented with their state, by saying to them, 'Poor fellows,' &c. or words to that effect, [as in the affidavit], with design to promote such discontent."]

CHAPTER III.

Of the forms of complaint, warrant of arrest, commitment, and indictment, on prosecution for offences against the legislative power.

Art. 667. Complaint for preventing the house of assembly from meeting, &c.

"Be it remembered, &c. [as in the preceding forms of complaint] that A. B. [on the first day of February now last past, at nine o'clock in the morning, came to the government-house of the state, situate in the city of New Orleans, followed by a guard of soldiers, and placed a soldier at each door of the chambers usually occupied by the house of representatives of the said state, and gave orders to such soldier not to permit any one to pass into the said chamber; and this deponent further saith, that the house of representatives had adjourned on the twenty-ninth day of January last to meet on the said first day of February, at ten o'clock in the morning; and that this deponent being a member of the said house, as well as a majority of the members thereof, presented themselves about the said hour to enter into the said chamber, but that they were by force of arms prevented by the said soldiers under the command of the said J. S., and that the said house of representatives did not and could not meet that day."

Art. 668. In like manner when the complaint is of any of the offences created by the third title of the second book of the Code of Crimes and Punishments, relating to "Offences against the legislative powers," state the circumstances thereof in the complaint particularly.

Art. 669. Form of charge in the warrant of arrest on the above complaint.

"Charged on oath, before me, with [having designedly and by force prevented the house of representatives of this state from meet

ריי.ing

Art. 670. The charge in the commitment for this offence, is the same as that directed for the warrant of arrest.

Art. 671. Charge in the indictment.

-"[Did designedly and by force prevent the house of representatives, being one of the houses composing the general assembly of this state, from meeting]; or according to the fact stated in the complaint, [did with intent to prevent the meeting of the house of representatives of this state, being one of the houses composing the general assembly of this state, by the use of personal violence offered to A. B., C. D. and E. F., members of the said house of representatives, prevent them from attending the said house]; or, [did by force and the threats thereof force the senate] [or the house of representatives], being one of the branches of the general assembly of the state of Louisiana, then and there in session, to adjourn [or disperse], or [to pass a law, entitled an act, &c.] giving the title; or [to reject an act, entitled an act, &c. which they constitutionally might have passed]; or, [did threaten A. B. then a member of the house of representatives, that he, the said J. S., would beat and otherwise ill treat him, unless he voted for the passage of a bill then before the said house, entitled an act, &c. with intent to influence his official conduct as a member of the said house of representatives]; or, [did make an assault upon A. B. late a member of the house of representatives, and did beat and ill treat him in consequence of the conduct of the said A. B. while he was a member of the said house]; or [did offer to bribe A. B. then a member of the house of representatives of this state, by promising that if the said A. B. would vote for the passage of a certain law then under consideration in the said house, entitled "an act for incorporating an insurance company called the Safety Company," he the said A. B. should have ten shares in the stock of the said company]; or, [did bribe A. B. a member of the house of representatives of this state, by transferring to him ten shares in the stock of an insurance company called the Safety Company, as an inducement to the said A. B. to vote for an act then before the said house for continuing the charter of the said company]; or, [did offer to one C. D. the sum of one thousand dollars, (or the right to subscribe ten shares in a certain bank, called the Fog Bank, when the said bank should be incorporated), for the purpose of securing his, the said C. D.'s interest with the general assembly, or with some members thereof, in order to procure an act incorporating the said bank]; or, [that the said J. S. on the in the year

of

day of

at the parish of New Orleans, did receive from A. B. the sum or the promise of ten shares in the Fog Bank, as a compensation for exerting his influence with the general assembly to pass an act incorporating the said bank]; or, [that A. B. being a member of the house of representatives of the state of Louisiana, did on the at the city of New Orleans, receive from J. S. a transfer of ten shares in a certain bank called the Specie Bank, as the consideration for a promise then and there made by him the said A. B. to vote for the passage of a law then pending before the said house, entitled an act, &c.] contrary to the laws," &c.

day of

in the year

CHAPTER IV.

Forms for prosecution of offences against the executive power.

Art. 672. Complaint against officers.

"To A. B. justice of the peace, &c.

in the year

"C. D. being duly sworn says, [that E. F. lately appointed to the executive office of inspector of flour in the city of New Orleans, on the day of , at the city of New Orleans, performed an official act by inspecting and marking one hundred barrels of flour for G. H. of the said city, merchant, he the said E. F. not having then taken the oath of office required by law."]

"Sworn," &c.

Art. 673. Citation to E. F.

day of

"You are cited to appear before me A. B. justice of the peace, &c. on the next, at ten o'clock in the morning, to answer to a complaint entered against you for having, as inspector of flour for the city of New Orleans, inspected and marked one hundred barrels of flour, before you had taken the oath of office required by law." Art. 674. Charges in indictments for offences under this title.

"Did offer the sum of one hundred dollars to A. B. register of mortgages, to induce him to give a certificate that a certain parcel of land, belonging to him the said , was free from incumbrance,

when, in fact, the same was incumbered to a large amount."

"Did by threats of violence to the person of A. B. [one of the constables of the city of New Orleans,] force him [to make an arrest of one A. B. without any warrant or other legal authority," &c.]

"Did attempt to force," [as in the preceding form.]

"Did by force resist and attempt to prevent A. B. [a notary public, from entering on his minutes an act of sale legally made by I. K. to L. M." describing it.]

"Did, he being then a [notary public], receive the sum of [one hundred dollars] from A. B. as a bribe for [making an entry in the register of his office of a sale made to him the said A. B. by C. D. as of a date prior to the true time of recording the same."

"Did, he being then legally appointed and exercising the office [of inspector of tobacco], extort and receive from one A. B. the sum of [ten dollars for inspecting five hogsheads of tobacco], being more than is allowed by law for performing such service]; or [for doing any act (describing it) which he was by law obliged to perform, and for which no remuneration is given by law]-that he did extort and receive ten dollars when, in fact, he had not made such inspection; or [did receive the sum of ten dollars for inspecting five hogsheads of tobacco], being more than the sum allowed by law for that service, which were voluntarily given to him by one A. B. for [making such inspection."]

"Did receive [the sum of ten dollars] from one A. B. for refraining from [condemning ten hogsheads of tobacco], which he was not authorized by law to [condemn], and which sum the law did not authorize him to receive."

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